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GEMSTONES v. UNION CARBIDE

47 N.Y.2d 250 (1979)

Created Gemstones, Inc., Appellant, v. Union Carbide Corporation, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Edward L. Sadowsky, Richard Kaye and Glenn M. Reisman for appellant.

Robert L. Haig, Bud G. Holman and Randall S. Strange for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Chief Judge COOKE; Judge FUCHSBERG taking no part.

Chief Judge COOKE.

We hold that summary judgment may not be granted on a seller's counterclaim for goods sold and delivered where there are unresolved factual issues, in the buyer's action for damages, concerning whether the seller breached the underlying contract of sale.

In March, 1972, the parties entered into a written contract whereby plaintiff, Created...

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